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Libby Liveblog: Jury Instructions


So next up, we're going to finalize the pre-trial jury instructions. Christy's getting me another cup of coffee, so I should be totally wired from here on out.

Apparently Fitz and Libby's team have agreed to some jury instructions, Walton is talking about the changes he's making to jury instructions that will be given to the teams at 2:15.

There is still a dispute regarding an addition regarding materiality requirement. [Libby has been trying to push hard on the materiality, preparing to argue, I suspect, that the alleged lies that Libby told were not material to the investigation in the case.] Walton is discussing the definition of trivial, which seems to be the way he will deal with the materiality. Will leave it as he has drafted it.

As far as the memory instruction is concerned, will not reconsider memory expert. He addressed a proposed Libby instruction:

Walton: [this is a paraphrase] I just didn't think the proposed defense instruction is appropriate, bc having the court tell the jurors that these issues will always affect memory is not true–there are people who have photographic memories. He ill tell jurors some factors they can consider that may have a role in this case.

Walton says he will return to the instruction regarding Plame's status.

Walton will talk about the proposed instruction on Libby's classified testimony. Walton has some concerns about the way it was drafted because it was telling them that something was definitive.

Walton seems to be erring on the side of letting jurors decide the relevance of classified information and memory themselves.  

Wells asks about Grand jury transcript.  Walton says the remaining portions of GJ testimony will be admitted, any potential prejudice from reading the GJ transcript is not so significant that it would be a problem.

From the folks in the media room, here are three things Libby was trying to exclude but won't be excluded: 

A portion talking about Hadley in the WH, and he's telling Libby and Cheney they have to declassify the NIE and Libby and Cheney don't say anything to Hadley about already leaking the NIE.

A portion where Libby was questioning the CIA's intelligence–a lot of this is about Tenet falling on his sword.

And finally, a passage from both Cathie Martin's and Libby's testimony, in which it seemed like Martin was being blamed for leaking. She felt like Libby didn't stand up to defend her as not being the one who leaked.

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Marcy Wheeler aka Emptywheel is an American journalist whose reporting specializes in security and civil liberties.